Class I for Tribes

What Does Class 1 Redesignation Provide for Tribes

Class I redesignation provides increased protection for the quality of the air in and around tribal lands through smaller increments of allowable increases in the concentration of a pollutant. Perhaps more importantly, it opens up a place at the table for the tribe when a proposed pollution source applies for an air pollution application with the state. With Class I, a tribe is notified when a permit application has been submitted for review by the state. This enables the tribe to review the permit and provide comments and concerns about the permit while it is being negotiated with the state.

Permit applications must include an increment consumption analysis, a cumulative impact analysis and an AQRV analysis, providing the tribe with valuable information to determine the potential for any impacts. Comments provided by the tribe are also more weighted – meaning they carry more clout than comments from a tribe that does not have Class I. And if the tribe is not satisfied with the final permit that is issued by the state, the tribe has the option of disputing it through the USEPA.

What Does it Take to Redesignate

The requirements for redesignation are found in the Clean Air Act Section 164(b), 40 CFR 52.21(g) and 40 CFR 51.166(g), and include the following:

One public hearing/comment period must be held.

Notice must be given to States, Indian Governing bodies, and Federal Land Managers whose lands may be affected by the proposed redesignation.

Satisfactory description and analysis of the health, environmental, economic, social, and energy effects of the proposed redesignation shall be prepared and made available for public inspection and review by redesignating authorities (USPEA).

The Indian Governing Body adopts the redesignation.

The Indian Governing Body submits a proposal to redesignate to Class I to the USEPA Administrator.

The Clean Air Act does state that the Administrator may disapprove the redesignation ONLY if he finds that such redesignation does not meet the PROCEDURAL requirement.

Other Tribal Class I areas

*North Cheyenne Reservation – Montana

Request submitted 3/1977, designated 8/5/1977.

Requested Class I in an effort to challenge the construction of an additional coal-fired power plant locating 15 miles from the reservation.